BILL NUMBER: SB 1333	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 17, 2016
	AMENDED IN ASSEMBLY  AUGUST 1, 2016
	AMENDED IN ASSEMBLY  JUNE 20, 2016

INTRODUCED BY   Senator Block
    (   Coauthor:   Assembly Member  
Gonzalez   ) 

                        FEBRUARY 19, 2016

   An act to add Section 5008.9 to the Public Resources Code,
relating to state beaches and parks.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1333, as amended, Block. State beaches and parks: smoking ban.
   Existing law makes it an infraction for a person to smoke a
cigarette, cigar, or other tobacco-related product within 25 feet of
a playground or tot lot sandbox area.
   This bill would make it an infraction for a person to smoke, as
defined, on a state coastal beach or in a unit of the state park
system or to dispose of used cigar or cigarette waste on a state
coastal beach or in a unit of the state park system. The bill would
establish a state-mandated local program by creating a new crime.
   This bill would require the Department of Parks and Recreation to
develop and post signs at state coastal beaches and units of the
state park system to provide notice of the smoking prohibition. The
bill would require the smoking prohibition to be enforced only after
signs have been posted.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5008.9 is added to the Public Resources Code,
to read:
   5008.9.  (a) For purposes of this section, the following
definitions apply:
   (1) "Cigar" has the same meaning as defined in Section 104550 of
the Health and Safety Code and, for purposes of this section, may
contain any other weed or plant as an alternative or supplement to
tobacco or nicotine.
   (2) "Cigarette" has the same meaning as defined in Section 104556
of the Health and Safety Code and, for purposes of this section, may
contain any other weed or plant as an alternative or supplement to
tobacco or nicotine.
   (3)  "Smoke or smoking"   "Smoke"  
or "smoking"  means inhaling, exhaling, burning, or carrying any
lighted or heated cigar, cigarette, or pipe, or any other lighted or
heated tobacco or plant product intended for inhalation, whether
natural or synthetic, in any manner or in any form.  "Smoke
or smoking"   "Smoke" or "smoking   " 
includes the use of an electronic smoking device that creates an
aerosol or vapor, in any manner or in any form, or the use of any
oral smoking device for the purpose of circumventing a prohibition on
smoking.  "Smoke or smoking"   "Smoke" or
"smoking"  does not include the use of a cigar, cigarette, or
pipe, or any other lighted or heated tobacco or plant product used as
a prop in a motion picture, television program, or similar filmed
audiovisual work, provided filming is properly permitted by the
California Film Commission, the active film set is closed to the
general public, and any waste is  immediately  removed from
the beach or park.
   (4) "State coastal beach" means an area that is owned, operated,
or under the jurisdiction of the state, an agency of the state, or a
department of the state and that adjoins the ocean, a bay, or an
estuary.
   (5) "Unit of the state park system" means an area specified in
Section 5002.
   (b) A person shall not smoke on a state coastal beach or in a unit
of the state park system.
   (c) A person shall not dispose of used cigar or cigarette waste on
a state coastal beach or in a unit of the state park system.
   (d) A person who violates this section is guilty of an infraction
and shall be punished by a fine of up to two hundred fifty dollars
($250).
   (e) The department shall develop and post signs at state coastal
beaches and units of the state park system to provide notice of the
smoking prohibition set forth in subdivision (b). Subdivision (b)
shall be enforced on state coastal beaches or in units of the state
park system only after signs have been posted.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.